Waites v. Housing Opportunities Extension, Inc.

Filing 25

ORDER denying without prejudice 16 Motion for Summary Judgment. See Order for specifics. Signed by Honorable Susan O. Hickey on March 1, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TERRI WAITES and
PAULA MARKHAM

VS.

PLAINTIFFS

CASE NO. 15-CV-4026

HOUSING OPPORTUNITIES EXTENSION, INC.
and HOUSING OPPORTUNITIES, INC.

DEFENDANT

ORDER
Before the Court is Defendants’ Motion for Summary Judgment. (ECF No. 16). Plaintiffs
have filed a response (ECF No. 20), and Defendants have filed a reply. (ECF No. 22). The Court
finds this matter ripe for consideration.
This suit involves allegations by Plaintiffs Terri Waites and Paula Markham that Defendants
Housing Opportunities Extension, Inc. and Housing Opportunities, Inc. have failed to pay them
proper overtime compensation and sleep time compensation in violation of the Fair Labor Standards
Act, 29 U.S.C. §201 et seq. (“FLSA”) and the Arkansas Minimum Wage Act, A.C.A. §11-4-201,
et seq. (“AMWA”). Prior to any discovery being conducted, Defendants request that this Court enter
summary judgment in their favor because Plaintiffs cannot establish that they were employed by the
Defendants. Defendants claim that they are non-profit Arkansas corporations with no employees.
Plaintiffs maintain that they worked at group homes that were operated by Defendants and that
Defendants meet the broad definition of employer pursuant to the relevant statutes. In the
alternative, Plaintiffs request that they be permitted to amend their Complaint to add Texarkana
Special Education Center, Inc. (“TSEC”) as a defendant. Plaintiffs state that they believe TSEC to

be Plaintiffs’ “nominal employer.”
Upon consideration, the Court finds that Defendants’ Motion for Summary Judgment (ECF
No. 16) should be and hereby is DENIED WITHOUT PREJUDICE. The Court believes that some
limited discovery on the employment relationship between Plaintiffs and Defendants is warranted
in this case. Discovery on this issue must be completed no later than April 15, 2016. If Plaintiffs
wish to amend their complaint to add or substitute a defendant in light of this discovery, they must
file their motion to amend on or before April 29, 2016. If Defendants wish to re-file a summary
judgment motion as to this issue, they must do so on or before May 13, 2016.
IT IS SO ORDERED, this 1st day of March, 2016.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge